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Officials reload to renew gun ban
By David M. Brown
TRIBUNE-REVIEW
Monday, September 10, 2007
Some Ellwood City officials hope to take another shot at banning personal guns in the municipal building -- including the mayor's sidearm -- despite opposition from the National Rifle Association.
The Lawrence County town of about 8,600 was one of two Western Pennsylvania communities that adopted gun restrictions on municipal property -- only to promptly rescind the controversial ordinances.
Ellwood City Council President Glen Jones said a modified version of the measure will be discussed at a 6 p.m. meeting today. The session will determine if leaders want to enact the scaled-down legislation, which targets only the municipal building.
"We just thought you shouldn't have any guns in the municipal building. You can't bring guns into the courthouse, the state office buildings, federal buildings, schools -- so we thought it was a good idea to include the municipal building," Jones said.
Mayor Don Clyde, 76, has carried a gun since he was 21 and routinely totes a .38-caliber or .44-caliber handgun.
"I haven't shot anybody," he said. "I'm responsible, as are most permit-holding people."
Clyde said the effort to ban guns from the municipal building targets him personally.
"Not necessarily," Jones responded.
Jones and other council members said they worry the presence of guns in the borough building might spark deadly violence when tempers flare. The Ellwood City Power and Light office is in the same building, and it is not uncommon for a billing issue or shut-off notice to cause anger, Jones said.
Councilman Anthony "Lefty" DeCarbo, a retired Ellwood City police officer, said he supports the ban but has reservations about whether it would withstand a court challenge.
"I believe people should have a right to bear arms. I also believe that municipalities and communities have the right to regulate those guns to some degree," DeCarbo said.
The ordinance that the council passed and rescinded in August would have banned possession of guns in the municipal building or other borough property, except by certified law-enforcement officers.
John Hohenwarter, the NRA's Pennsylvania state liaison, contended in a letter to the mayor that the ordinance violated state law -- which allows only the state to establish gun and ammunition regulations, and prohibits local governments from establishing secondary laws.
"The reason we rescinded it was because of the word 'property,' " Jones said. "We realized the word 'property' could mean streets, etc., and that was not our intent. I have nothing against the NRA. I think it's a fine organization. I just think we need to protect workers in the municipal building."
Clyde promised to veto a new version, and Hohenwarter predicted a defeat in court.
"It would still be contrary to state law. A public building is still part of the public domain," Hohenwarter said. "This is unusual for a township or borough to pass an ordinance, knowing it is at odds with our state pre-emption law."
In Washington County, Peters officials recently rescinded a similar ordinance for that reason. The ordinance was spurred by complaints of guns being fired near Peters Lake and a firearm being carried into a zoning-hearing board meeting this summer. The ordinance would have banned guns from most township-owned building and parks.
Several opponents spoke against the gun ban at a public meeting, and complaints spread on an NRA Web site, said Peters Solicitor William A. Johnson.
The ordinance was rescinded after a review of state law that states: "No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth."
Peters officials don't plan to consider an amended version, Johnson said.
"Their intentions were appropriate, and they had a legitimate concern with the safety of the buildings, but unfortunately it appears their authorization to act is pre-empted," the solicitor said.
David M. Brown can be reached at dbrown@tribweb.com or 412-380-5614.
http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_526608.html
Officials reload to renew gun ban
By David M. Brown
TRIBUNE-REVIEW
Monday, September 10, 2007
Some Ellwood City officials hope to take another shot at banning personal guns in the municipal building -- including the mayor's sidearm -- despite opposition from the National Rifle Association.
The Lawrence County town of about 8,600 was one of two Western Pennsylvania communities that adopted gun restrictions on municipal property -- only to promptly rescind the controversial ordinances.
Ellwood City Council President Glen Jones said a modified version of the measure will be discussed at a 6 p.m. meeting today. The session will determine if leaders want to enact the scaled-down legislation, which targets only the municipal building.
"We just thought you shouldn't have any guns in the municipal building. You can't bring guns into the courthouse, the state office buildings, federal buildings, schools -- so we thought it was a good idea to include the municipal building," Jones said.
Mayor Don Clyde, 76, has carried a gun since he was 21 and routinely totes a .38-caliber or .44-caliber handgun.
"I haven't shot anybody," he said. "I'm responsible, as are most permit-holding people."
Clyde said the effort to ban guns from the municipal building targets him personally.
"Not necessarily," Jones responded.
Jones and other council members said they worry the presence of guns in the borough building might spark deadly violence when tempers flare. The Ellwood City Power and Light office is in the same building, and it is not uncommon for a billing issue or shut-off notice to cause anger, Jones said.
Councilman Anthony "Lefty" DeCarbo, a retired Ellwood City police officer, said he supports the ban but has reservations about whether it would withstand a court challenge.
"I believe people should have a right to bear arms. I also believe that municipalities and communities have the right to regulate those guns to some degree," DeCarbo said.
The ordinance that the council passed and rescinded in August would have banned possession of guns in the municipal building or other borough property, except by certified law-enforcement officers.
John Hohenwarter, the NRA's Pennsylvania state liaison, contended in a letter to the mayor that the ordinance violated state law -- which allows only the state to establish gun and ammunition regulations, and prohibits local governments from establishing secondary laws.
"The reason we rescinded it was because of the word 'property,' " Jones said. "We realized the word 'property' could mean streets, etc., and that was not our intent. I have nothing against the NRA. I think it's a fine organization. I just think we need to protect workers in the municipal building."
Clyde promised to veto a new version, and Hohenwarter predicted a defeat in court.
"It would still be contrary to state law. A public building is still part of the public domain," Hohenwarter said. "This is unusual for a township or borough to pass an ordinance, knowing it is at odds with our state pre-emption law."
In Washington County, Peters officials recently rescinded a similar ordinance for that reason. The ordinance was spurred by complaints of guns being fired near Peters Lake and a firearm being carried into a zoning-hearing board meeting this summer. The ordinance would have banned guns from most township-owned building and parks.
Several opponents spoke against the gun ban at a public meeting, and complaints spread on an NRA Web site, said Peters Solicitor William A. Johnson.
The ordinance was rescinded after a review of state law that states: "No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth."
Peters officials don't plan to consider an amended version, Johnson said.
"Their intentions were appropriate, and they had a legitimate concern with the safety of the buildings, but unfortunately it appears their authorization to act is pre-empted," the solicitor said.
David M. Brown can be reached at dbrown@tribweb.com or 412-380-5614.
